Waqf Amendment Act Challenge : Live Updates From Supreme Court

Sibal: AP Act, Tamil Nadu Act, Kashivishwanath Temple Act- in all- ex-officio members are Hindu- idea is I have to manage my religious affairs subject to public health, morality and public order. Just as educational institutes, religious minorities have to manage their affairs. This is not secular- the creation of waqf is not secular

Sibal: you appoint your own people

CJI: power is with the State Government

Sibal: scheme suggests you want to exclude us from every facet...I have given religious endowment Acts- even ex-officio members have to be Hindu

Sibal: see previous section, 1995 Act- S. 14

Sibal: S. 14- all nominated- no elections- they actually administers

CJI: The Council- have they been given the role to interfere with religious administration?...they can only give advise

Sibal: directives also

J Masih: that's a different argument

Sibal: my request is, nothing should be done until your lordship hears it. Come to 14- State Waqf Board- Bodhgaya Act- its a place for two communities- Hindu and Christians- but non-hindus or non-christians can go their

CJI: word two members could have been preceded by 'at least' which would then allow your submission that it would be more than 2

Sibal: in every religious endowments, Hindu as well, there are only Hindus...same for Sikhs. Gurudwara Prabhandak Committee, there has to be sikhs

J Masih: 4 can be non-Muslim

Sibal: if we assume that well, its still a departure from the previous which says it has to be Muslim

Sibal: 12 non-Muslims

CJI: reads proviso, says maximum non-Muslim is 2

Sibal says that may not be correct reading

could is debating on interpretation of "Provided further that two members appointed under this sub-section, excluding ex officio members, shall be non-Muslim.”

CJI: 8 minimum Muslims

Sibal: we are assuming they can appoint non-Muslims